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Just to add some practical advice - I've helped several workers apply for ITINs in the past. One thing that makes a huge difference is preparing a detailed letter from the employer that: 1) Confirms the employment relationship 2) Specifies the amount paid during the tax year 3) Explains why formal documentation wasn't previously provided 4) States the intention to properly report all future payments This letter, attached to the tax return and W-7 application, helps establish the legitimacy of the income being reported. It's not technically required, but I've found it speeds up processing and reduces questions from the IRS.
How does the letter need to be formatted? Does it need to be notarized or anything?
The letter doesn't need to be notarized, but it should be on company letterhead if possible and signed by the owner or appropriate manager. Keep the format professional but straightforward - date, proper greeting, clear explanation of the facts, and formal closing with signature. Make sure it includes specific information like the worker's full legal name, approximate dates of employment, total compensation paid, and the reason for requesting the ITIN. I also recommend including the employer's EIN and contact information for verification purposes. While not strictly required, this level of detail helps demonstrate the legitimacy of the request and can smooth the process considerably.
Has anyone actually gone through this recently? I'm wondering what the current processing time is for ITIN applications. The IRS website says 7 weeks but I'm skeptical given all their backlogs.
One tip I haven't seen mentioned - if you're filing for the first time, make sure you check whether someone else can claim you as a dependent (like your parents). This makes a HUGE difference in how you file and what credits you can claim. Made this mistake my first time and had to file an amended return which was a total nightmare!!!
Omg I didn't even think of that - my parents have always claimed me as a dependent but I moved out last May and have been supporting myself since then. How do I know if they can still claim me or not for 2024 taxes?
There are specific tests the IRS uses to determine if someone can be claimed as a dependent. The main ones are the support test (did you provide more than half of your own financial support for the year?) and the residency test (did you live with your parents for more than half the year?). Since you moved out in May, you lived with them for less than half of 2024, but the support test is the bigger factor. You need to calculate all your living expenses (rent, food, utilities, medical, education, etc.) for the entire year and determine if you provided more than 50% of that total yourself. If you did, your parents can't claim you. If they provided more than 50% (including while you lived with them), they can still claim you even though you moved out.
just a heads up since ur in texas - we don't have state income tax here so u only need to worry about federal. saved me some confusion my first time!
This is correct but keep in mind you might still need to file a state return if you earned any money in another state during the year (like if you had a summer job somewhere else). The tax software will ask you questions to determine this.
14 Just wanted to add something important - the 8606 form is absolutely critical for Backdoor Roth conversions regardless of what code is on your 1099-R. I've been doing backdoor Roth conversions for 7 years and here's what I've learned: 1) Form 8606 establishes your "basis" in your traditional IRA, which is essential for tax-free conversion 2) Without it, the IRS assumes your entire conversion is taxable 3) There's a $50 penalty for not filing it, but the bigger issue is potentially paying taxes twice on the same money 4) You need to file it EVERY year you do a conversion The distribution code debate is secondary to making sure you have proper documentation with Form 8606. I'd recommend filing an amended return ASAP.
22 Is it too late to file 8606 forms for previous years? I've done backdoor Roth conversions for the past 3 years but I'm not sure my tax guy filed these forms. Should I go back and amend all my previous returns?
14 It's not too late to file Form 8606 for previous years. You can (and should) file an amended return for any year where you did a Backdoor Roth conversion but didn't include Form 8606. The IRS generally allows amendments going back 3 years. This is really important because Form 8606 establishes your non-deductible basis in the IRA, which prevents the money from being taxed twice. Without this documentation, you might end up paying taxes on money that should be tax-free when you eventually withdraw from the Roth IRA. I'd recommend reviewing your past returns and filing amendments as needed - it's worth the effort to avoid potential tax issues down the road.
9 Edward Jones is 100% right on this. I'm a tax preparer and see this confusion all the time. Code 2 means "Early distribution, exception applies" which is EXACTLY what a backdoor Roth conversion is - it's technically an early distribution but exempt from the 10% penalty. Code B is for "Designated Roth account distribution" which is for EMPLOYER plans like 401ks, not IRAs. Your CPA has mixed up retirement account types. I'd suggest: 1. File an amended return ASAP with Form 8606 2. Consider finding a new CPA who understands Backdoor Roth conversions 3. In the future, specifically tell your tax preparer about any special situations like this
11 thx for explaining! so does the code 2 vs code B actually affect how much tax i would pay? or is it just a technical difference?
Have you considered timing the debt cancellation with a year where you have other deductible expenses? For example, if you have significant medical expenses coming up, having those in the same tax year as the debt cancellation could help offset some of the tax impact. Also, talk to the lender about potentially structuring the debt forgiveness. Sometimes they can work with you on timing or amounts.
Lenders often have some flexibility with the timing, especially if you're proactive in discussing it with them. While they have reporting requirements, they sometimes can work with you on structuring the forgiveness. For example, some lenders might be willing to split a large debt cancellation across two tax years (December/January) if you explain your tax situation. It really depends on the lender and your relationship with them, but it's definitely worth having that conversation well before the planned cancellation.
That's a really helpful suggestion about timing it with medical expenses. I do have some procedures I've been putting off that would probably hit the threshold for medical deductions. Do you know if lenders are usually open to negotiating the timing of debt cancellation? I wasn't sure if I had any control over when they issue the 1099-C.
Dont forget to check ur state tax too!! Some states dont tax cancelled debt the same way the federal govt does. I had a debt cancellation last year and my state (TX) didn't tax it at all, which saved me a bunch.
Aliyah Debovski
One thing nobody has mentioned - the IRS doesn't actually know how you spent your 529 money. The 1099-Q gets reported to them, but there's no form where you report your qualified expenses. It's on you to keep records of those expenses in case of audit. I went through this last year with my son's college and realized I'd been overthinking it. Keep good records of all qualified expenses (tuition, room, board, books, etc.) and as long as your total qualified expenses exceed your total 529 withdrawal for the year, you're fine.
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Hugo Kass
ā¢So are you saying I don't actually need to do anything about the $465 overwithdrawal now? I'm confused because I was planning to redeposit that amount to be safe. Or are you just saying they won't automatically flag it?
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Aliyah Debovski
ā¢I'm not saying you should ignore the overwithdrawal - definitely handle it properly. What I'm pointing out is that the burden is on you to do the right thing since the IRS doesn't get automatic reporting of your qualified expenses. Your plan to redeposit the $465 is the correct approach if you're within the 60-day window. That's the cleanest solution. If you're outside that window, then you'll need to calculate the taxable portion of that overwithdrawal (just the earnings part) and pay the tax and penalty. The IRS won't automatically know you had an overwithdrawal, but if you get audited, you'll need to show that you handled it correctly.
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Miranda Singer
Don't forget about the special scholarship exception! IRC Section 530(d)(4)(B)(iii) lets you withdraw up to the amount of tax-free scholarships without penalty. You'd still pay tax on the earnings portion but avoid the 10% penalty. So with your $3,455 scholarship, you could actually withdraw up to that amount above your qualified expenses without penalty. Since your overwithdrawal is only $465, you're well within this exception.
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Cass Green
ā¢This is actually a HUGE tip that more people should know about. Changed how I handled my son's 529 completely when he got scholarships. Just to confirm - this means the overwithdrawal isn't subject to the 10% penalty at all, right? Just regular income tax on the earnings portion?
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